SCS CSHJR 43(STA): Proposing amendments to the Constitution of the State of Alaska relating to the rights of victims of crimes and to penal administration.
00SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 43(STA) 01 Proposing amendments to the Constitution of the State of Alaska relating to the 02 rights of victims of crimes and to penal administration. 03 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. Article I, sec. 12, Constitution of the State of Alaska, is amended to read: 05 SECTION 12. PENAL ADMINISTRATION [EXCESSIVE PUNISHMENT]. 06 Excessive bail shall not be required, nor excessive fines imposed, nor cruel and 07 unusual punishments inflicted. Penal administration shall be based [ON THE 08 PRINCIPLE OF REFORMATION AND] upon the following in the order provided: 09 the need for protecting the public, community condemnation of the offender, the 10 rights of victims of crimes, restitution from the offender, and the principle of 11 reformation. 12 * Sec. 2. Article I, Constitution of the State of Alaska, is amended by adding a new section 13 to read: 14 SECTION 24. RIGHTS OF CRIME VICTIMS. To preserve and protect
01 victims' rights to justice and due process, a victim of crime shall have the right to be 02 reasonably protected from the accused, to confer with the prosecution, and to be 03 treated with dignity, respect, and fairness during all phases of the criminal and juvenile 04 justice process. A victim of crime shall be entitled to the right: to timely disposition 05 of the case following the arrest of the accused; to be informed of and allowed to be 06 present at all criminal or juvenile proceedings where the accused has the right to be 07 present; to be allowed to be heard, upon request, at sentencing, before or after 08 conviction or juvenile adjudication, and at any proceeding where the accused's release 09 from custody is considered; to restitution from the accused; and to be informed, upon 10 request, of the accused's escape or release from custody before or after conviction or 11 juvenile adjudication. The legislature shall implement this section. 12 * Sec. 3. The amendments proposed by this resolution shall be placed before the voters of 13 the state at the next general election in conformity with art. XIII, sec. 1, Constitution of the 14 State of Alaska, and the election laws of the state.